Opinion
NO. 2013 CW 1580
2013-09-20
KAYLA SCHEXNAYDER AND EMILY LEGARDE v. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT
In Re: State of Louisiana, Department of Transportation and Development, applying for supervisory writs and request for stay, 23rd Judicial District Court, Parish of Assumption, No. 31,002.
BEFORE: PARRO, PETTIGREW AND McDONALD, JJ.
WRIT GRANTED; REQUEST FOR STAY DENIED AS MOOT. Those portions of the district court's August 21, 2013 judgment, which ordered defendant, State of Louisiana, Department of Transportation and Development to "pay all costs associated with jury cost for the damage trial, in the amount of $3,54 6.98, set for' August 21, 22, and 23, 2013" and that the trial shall be converted into a bench trial if these costs are not paid "within ten days," is hereby REVERSED. This matter is remanded to the district court with instructions that this matter be tried before a civil jury without any requirement that the State of Louisiana, Department of Transportation and Development post a jury bond or prepay any jury costs. La. R.S. 13:5105(E).
JTP
JMM
RHP
COURT OF APPEAL, FIRST CIRCUIT ____________________________
DEPUTY CLERK OF COURT
FOR THE COURT